HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2015 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 3, March 17 and April 21, 2015, Regular Council
meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015 Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
ATTACHMENTS
1. February 27, 2015 (PDF)
2. March 3, 2015 (PDF)
3. March 17, 2015 (PDF)
4. March 24, 2015 (PDF)
5. April 14, 2015 (PDF)
6. April 21, 2015 (PDF)
City of Fort Collins Page 68
February 27, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 4:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
Staff present: Atteberry, Daggett, Nelson
1. Emergency Ordinance No. 040, 2015, Of the Council of the City of Fort Collins, To Repeal
Certain Provisions of City Code Section 17-127 Pertaining To Panhandling. (Adopted)
This is an emergency ordinance to repeal certain provisions to the City’s panhandling ordinance
found in City Code Section 17-127. On February 10th a class-action lawsuit was filed in federal
court against the City challenging certain provisions in that ordinance. The purpose of this
emergency ordinance is to moot, for now, much of the lawsuit, in order to give City staff and the
Council more time to review the challenged provisions, to consider any changes to them, to conduct
any needed public outreach and for staff to present to Council for future consideration an ordinance
to possibly reinstate these repealed provisions or to consider amendments to them.
City Manager Atteberry discussed the history of the City’s panhandling Ordinances and stated
the American Civil Liberties Union (ACLU) recently filed a class action lawsuit against the City
challenging the constitutionality of seven of the eleven provisions of this Code section, which
prohibits certain kinds of aggressive panhandling. The remaining four provisions are not being
challenged as part of this lawsuit. This Emergency Ordinance will repeal the seven provisions
being challenged by the ACLU and would alleviate the monetary pressure associated with this
type of litigation and allow staff and Council time to more carefully review the challenged
provisions, to conduct any needed public outreach concerning them, and to prepare and present
an ordinance to reinstate some or all of the repealed provisions with any recommended
amendments.
City Attorney Daggett noted it is not certain how the adoption of this Emergency Ordinance will
affect the next steps in the litigation.
Eric Sutherland noted there are no social services representatives from Larimer County in
attendance and discussed the need to develop these regulations harmoniously between the City
and County.
Stacy Lynne stated the Colorado Revised Statutes cover the issues in the lawsuit and expressed
concern the City's Ordinances are attempting to make the State Statutes less relevant.
Additionally, she asked why a lawsuit was required in order for the City to be made aware these
Ordinances are violating constitutional rights. She also questioned why these regulations would
be used against this vulnerable population.
Cheryl Distaso stated a panhandling Ordinance is redundant given existing harassment and
disorderly conduct regulations and encouraged the permanent repeal of the Ordinance.
City of Fort Collins Page 69
Barb Wilkins expressed concern regarding the quantity of panhandlers and the length of time
they spend at any one location citing an example of an elderly man who fell while attempting to
avoid a panhandler.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Emergency Ordinance No. 040, 2015.
Councilmember Troxell requested the City Attorney address the issue of ordinances versus state
statutes. City Attorney Daggett replied City Code provisions are enforceable by the City in
Municipal Court and may overlap with state provisions. She noted that will be further analyzed
as staff examines the issue.
Councilmember Troxell requested additional information regarding collaboration with Larimer
County. Deputy Police Chief Jerry Schiager replied the City collaborates with Larimer County
social services; however, they may not see their role as being involved with City policy making.
Councilmember Campana commended Deputy Chief Schiager on his work.
Councilmember Cunniff stated he would support the Ordinance and noted the intent of the
Ordinance is to address aggressive panhandling.
Mayor Weitkunat noted only a portion of the regulations are being repealed at this point and the
most aggressive aspects will remain in effect.
RESULT: EMERGENCY ORDINANCE NO. 040, 2015 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Poppaw
ADJOURNMENT
The meeting adjourned at 4:24 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 70
March 3, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT: None
Staff present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 10, First Reading of Ordinance No. 036, 2015,
Amending Chapter 26 of the Code of the City of Fort Collins to Allow for the Waiver of Certain
Requirements for a Temporary Connection to the Water System as an Irrigation Source for the
Establishment of Native Vegetation on Certain City Projects and Item No. 18, First Reading of
Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City Development
Projects are withdrawn from consideration. Additionally, the Staff Report on San Cristobal will
be moved to the March 17 agenda and comments regarding Item No. 5, Second Reading of
Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort
Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to
Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public
Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City, will be made under Staff Reports.
CITIZEN PARTICIPATION
Cheryl Distaso, Fort Collins Community Action Network and Fort Collins Homeless Coalition,
expressed concern that homeless residents are being turned away from shelters during extremely
cold weather. Additionally, she expressed concern regarding the length of time individuals are
required to wait outside shelters prior to being allowed in for the night.
Eric Sutherland expressed concern regarding the Downtown Development Authority (DDA)
budget and stated the State General Assembly never authorized school district mill levies to be
excluded from the calculation of total assessed value in the school district. The DDA is not
following state law with regard to the use of tax increment financing.
Asma Henry stated the City’s trust in Colorado State University is misplaced regarding the
stadium issue given bidding documents it created and changes in stated funding mechanisms.
Tatiana Martin, Affordable Housing Board, invited Council and other board and commission
members to the super board meeting next week during which affordable housing will be
discussed.
Cadie Berrian thanked Council for its commitment to urban agriculture and discussed the
importance of community gardens.
March 3, 2015
City of Fort Collins Page 71
Glen Colton commented on data indicating Colorado will not have enough water in 2040 given
projected population growth.
Sandy Lemberg discussed a meeting Councilmember Horak held with stadium opponents and
discussed the IGA between the City and CSU. Council and the City need to more strongly
oppose the stadium in its proposed location.
Beth Mitchell opposed the stadium in its proposed location and opposed the IGA between the
City and CSU.
Clint Skutchan expressed support for the upcoming BOB 2.0 ballot measure.
Annie Marsve and daughter Scarlett supported the English Ranch community garden and
discussed the benefits of community gardens in general.
John Yule opposed the on-campus stadium and discussed the IGA between the City and CSU.
Waydene Pixler opposed the stadium in its proposed location.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Overbeck requested a staff response regarding the stadium IGA. Jeff Mihelich,
Deputy City Manager, replied a draft IGA has been prepared and noted the Planning and Zoning
Board will review the document Friday, March 6, and will provide comments to Council. An
open house regarding the IGA will be held on March 11.
Councilmember Poppaw requested a report regarding the progress on the English Ranch garden.
Deputy City Manager Mihelich stated a new location for the garden has been identified in the
park and a final decision is expected in the next 30 days.
Mayor Pro Tem Horak noted the IGA is an enforceable document and the City has no authority
over whether the stadium is built.
Councilmember Cunniff requested updates regarding nights during which homeless individuals
are turned away from shelters. Beth Sowder, Social Sustainability Director, replied Catholic
Charities could provide updates and notification regarding that information. A process is in
place to ensure all individuals needing shelter are accommodated. City Manager Atteberry also
discussed the process.
Councilmember Campana stated there is alignment in the community and among Council
regarding the process to shelter homeless individuals.
Mayor Pro Tem Horak asked about the super board meeting. City Clerk Nelson replied the
meeting is March 9 at 6:00 p.m. at the Museum of Discovery.
Councilmember Campana asked about the construction defect bill. Councilmember Cunniff
replied the Legislative Review Committee has opted to support the bill.
March 3, 2015
City of Fort Collins Page 72
Councilmember Campana discussed a listening session he held with Cameron Gloss regarding
build-out of the city.
Mayor Weitkunat discussed the use of City Plan in the city build-out.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the January 20 and February 3, 2017 Regular
Council Meetings and the February 10, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the January 20 and February 3, 2015
Regular Council meetings and the February 10, 2015 Adjourned Council meeting.
2. Second Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and
Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and
Natural Gas Vehicles. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, appropriates $67,920
and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for
the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations.
3. Second Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the
General Fund for the Purpose of Supplementing Construction Costs Associated with the
Foothills Activity Center and to Transfer Appropriations to the Cultural Services and
Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, increases 2015
appropriations in the City's General Fund by $404,000 for the purposes of supplementing
construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply
with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement
dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost
to the Activity Center.
4. Second Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code
of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk
Management Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, modifies City Code
Sections 8-106 and 8-108 so that responsibilities related to the management and administration of
the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial
Officer or his or her designee.
March 3, 2015
City of Fort Collins Page 73
5. Second Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive
Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its
Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public
Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a
Cable System and the Provision of Cable Services to Citizens Within the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, extends the current
Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado,
LLC (Comcast) for a period of 90 days, to June 14, 2015. The current agreement expires March 16,
2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating
mutual agreement on the final elements of the new agreement very soon. The proposed extension
will maintain the terms and conditions of the existing Franchise for the duration of the extension.
6. Second Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet
of City-Owned Property to Loco Ventures LLC. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 17, 2015, authorizes the
conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an
encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of
the North College Improvements Project - Conifer to Willox.
7. Second Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of
Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable
Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other
Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting
Subsection (b)(5) of Section 12-142 of the Code. (Adopted)
Ordinance No. 030, 2015, adopted unanimously on First Reading on February 17, 2015, prohibits
the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except
in a licensed facility.
8. Items Relating to the Downtown Development Authority. (Adopted)
A. First Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues
in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects
and Programs in Accordance with the Downtown Plan of Development.
B. First Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
The purpose of this item is to appropriate certain unanticipated revenues and reappropriate certain
funds previously committed for projects and programs under the Downtown Plan of Redevelopment.
Ordinance No.033, 2015, will appropriate $63,205 in unanticipated revenue for use in the Old Town
Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of
Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service
Fund. Ordinance No. 034, 2015, will appropriate unanticipated revenue from interest earnings in
the amount of $29,220, and will also reappropriate previously committed project funds in the amount
of $438,611 for use in the Old Town Square Renovation.
9. First Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for
Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted)
The purpose of this item is to obtain Council approval of rates and charges for the rental and delivery
of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other
water users.
March 3, 2015
City of Fort Collins Page 74
10. First Reading of Ordinance No. 036, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation on
Certain City Projects. (Withdrawn)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for City projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for City projects
that only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting agency as well as the costs to
disconnect at the end of that period.
11. Resolution 2015-027 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County, Colorado State University and the United States Department of Agriculture
for the Care and Management of Bison on Portions of Soapstone Prairie and Reservoir Ridge
Natural Areas. (Adopted)
The purpose of this item is to authorize the Mayor to execute a proposed Intergovernmental
Agreement with Colorado State University and other agencies that will allow bison to be placed on
Natural Area properties. The 2007 Soapstone Prairie Natural Area Management Plan identified
plains bison as a species for reintroduction. The City is partnering with CSU, Larimer County, and
USDA-APHIS to reintroduce bison with high genetic integrity to portions of Soapstone, Reservoir
Ridge Natural Area, and the County-owned Red Mountain Open Space through an
intergovernmental agreement that describes the funding, management, and care of the properties
and animals.
12. Resolution 2015-028 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
13. Resolution 2015-029 Ratifying Appointments to the Poudre River Library District Board of
Trustees. (Adopted)
The purpose of this item is to reappoint Linda Gabel to a second term and to appoint Becki
Hartshorn to the Poudre River Library District Board of Directors to fill a vacancy that currently exists
due to the March 2015 term expiration for Cara Neth.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff complimented staff on Item No. 11, Resolution 2015-027 Authorizing
the Mayor to Execute an Intergovernmental Agreement with Larimer County, Colorado State
University and the United States Department of Agriculture for the Care and Management of
Bison on Portions of Soapstone Prairie and Reservoir Ridge Natural Areas.
STAFF REPORTS
City Clerk Nelson invited citizens to an open house and tour of the election processing center on
March 19.
March 3, 2015
City of Fort Collins Page 75
Deputy City Manager Mihelich reported on the memorandum of understanding (MOU) which
has been developed between the City and Martin Marietta regarding the Taft Hill asphalt plant.
He noted transparency will increase and air quality information will be reviewed periodically by
the City. Martin Marietta has agreed to cover all asphalt trucks leaving the plant, as well as
several other improvements. Mihelich thanked the Citizens Against Asphalt Toxins participants
and representatives from Martin Marietta and the City.
Councilmember Overbeck asked how the City will ensure trucks will travel as directed by the
MOU. Mihelich replied routes will be monitored and contracts will be voided should they be
violated.
Councilmember Overbeck commended Mihelich’s work on the memorandum of understanding.
Mayor Pro Tem Horak requested additional information regarding the no-idling zone and its
enforcement and monitoring. Mihelich replied that will be a part of the City's monitoring.
Mayor Pro Tem Horak commended Mihelich's work on this issue.
City Manager Atteberry discussed a budget item for the upcoming year regarding the possibility
of building a new telecommunications and broadband service utility in the City. He stated
upcoming tasks will include gathering benchmark data and market analysis as well as gaining
public input. He noted the March 24 Work Session will cover this topic in additional detail.
Councilmember Troxell requested information regarding the state regulatory framework and
federal regulations at the Work Session.
City Manager Atteberry discussed his visit to Dr. Clayton Hurd at Stanford and his work in Fort
Collins as well as possible opportunities for the City to learn from and partner with Dr. Hurd in
the future.
COUNCILMEMBER REPORTS
Councilmember Troxell reported on the City-CSU Leadership Committee meeting and stated the
Committee is made up of two Councilmembers, CSU President Tony Frank, and a Board of
Governors member.
Mayor Weitkunat reported on Council’s upcoming trip to Washington, D.C. for the National
League of Cities meeting.
DISCUSSION ITEMS
14. Second Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the
General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of
Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the
Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural
Services and Facilities Fund for the Art in Public Places Program. (Adopted on Second
Reading)
This Ordinance, adopted on Second Reading on February 17, 2015, by a vote of 4-2 (nays:
Overbeck, Cunniff; Poppaw recused) appropriates partial funding for design, right of way acquisition
and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. Based on
March 3, 2015
City of Fort Collins Page 76
the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to
Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the
reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This
Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million
from the Street Oversizing Fund. $155,881 is available from previous developer Local Street
Obligations along the project limits, and $2,238,119 is currently unfunded.
Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest.
Karen Cumbo, Planning, Development and Transportation Director, stated applications for the
neighborhood advisory committee are online and noted the committee will be open to residents
of the Buckingham, Alta Vista and Andersonville neighborhoods.
Cheryl Distaso, Open Communities Collective, expressed concern regarding the use of General
Fund Reserves for the Lincoln Avenue improvement projects. The April election should occur
first.
Nancy York questioned how the neighborhoods will be solicited for the advisory committee and
if citizens will have enough time to apply. The outcome of the April election should be
determined prior to using General Fund Reserves for Lincoln Avenue.
Jerry Gavaldon expressed concern regarding the neighborhood advisory committee process.
Glen Colton expressed concern regarding the funding of the Lincoln Avenue improvements.
Cumbo discussed the intent of the neighborhood advisory committee and clarified the possibility
of using the Landmark Preservation Commission and historical preservation staff in the process.
Councilmember Cunniff questioned what portion of the non-appropriated reserves this $3
million represents. Mike Beckstead, Chief Financial Officer, replied the year-end closing
process takes three to four months; however, this $3 million will be available in the 2014
reserves and the General Fund balance will be approximately $72 million, though he is uncertain
how much of that is not appropriated or assigned.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 028, 2015, on Second Reading.
Councilmember Overbeck stated he would not support the motion given the use of reserves and
discussed changes he would like to see in the neighborhood advisory committee.
Councilmember Cunniff stated he would not support the motion given the use of reserves and the
hurried process.
Councilmember Troxell stated this process has not been rushed and this corridor has been needed
improvement for years.
Councilmember Campana stated this process has not been rushed and this corridor in the middle
of the city has no curb, gutter or sidewalks.
March 3, 2015
City of Fort Collins Page 77
RESULT: ORDINANCE NO. 028, 2015, ADOPTED ON SECOND READING [4 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Cunniff
RECUSED: Poppaw
15. Resolution 2015-030 Updating Community Greenhouse Gas Reduction Goals. (Adopted)
The purpose of this item is for City Council to consider:
reaffirming the existing goal to reduce communitywide greenhouse emissions to 20% below 2005
levels by 2020,
establishing new goals to reduce communitywide greenhouse gas emission to 80% below 2005
levels by 2030 and achieve carbon neutrality by 2050,
directing the City Manager to develop a 2020 Climate Action Implementation Plan based on the
2015 Climate Action Plan: Framework.
In April 2014, City Council asked that an ad hoc committee be formed to develop a proposed
updated Climate Action Plan (CAP) that describes how the community could achieve the greenhouse
gas emissions reduction objectives stated above. Following nine months of work, a draft framework
has been prepared that outlines steps needed to put Fort Collins on a path to meet the goals.
The 2015 Climate Action Plan: Framework (“CAP Framework”) provides a high level assessment of
steps needed to set Fort Collins on the path to achieve carbon emissions reduction objectives as
requested by Council, but does not determine future implementation details. The work on climate
action planning is, by nature, iterative. Very few cities have taken the initiative to explore, to this
depth, what it would take to meet ambitious long-term goals. Recommended next steps are to
complete a 2020 Climate Action Implementation Plan to develop details of near-term programs. Any
tactics or programs requiring Council action will be developed in more detail and discussed on a
case-by-case basis prior to Council’s consideration.
Achieving these goals will be challenging and will require sustained action and focus, and
involvement by all sectors of the community. Anticipated outcomes of setting visionary greenhouse
gas goals include attracting outside capital as well as increased local innovation and entrepreneurial
activity. These goals can drive further action to reduce emissions than would occur without the goals
or a plan. They can spur the community’s engagement, competitive spirit, and sense of pride.
Setting a new goal for 2030 also establishes an important interim target for action between now and
2050—an interim goal that is set out in the future but is close enough to be able to be visualized
assists in keeping the community on track for long-term carbon reductions.
Jeff Mihelich, Deputy City Manager, stated this item would adopt the accelerated community
greenhouse gas goals and direct the City Manager to work with staff to develop the
implementation plan for the Climate Action Plan 2020.
Lucinda Smith, Environmental Services Director, discussed the role of a community greenhouse
gas goal and the sources of emissions in the community. She discussed the benefits of the goals
and stated work has begun to identify financing guiding principles.
March 3, 2015
City of Fort Collins Page 78
The following citizens spoke in favor of adoption of the Resolution:
Scott Dening
Rose Lew, League of Women Voters
Hunter Buffington, Fort Collins Sustainability Group
Bill DeMarco
Mark Easter, Save the Poudre
Peter O’Neill, Energy Board
Paul Smith
Mark Houdashelt, Air Quality Advisory Board
Phil Friedman
Cheryl Distaso
Eric Levine
Jack Van Vleet
Nancy York
Alex Blackmer
Clink Skutchan, Fort Collins Board of Realtors
Josie Plout
Dale Carlin, Organizing for Action
Janice Lynne
Tom Hoehn
Kevin Cross, Fort Collins Sustainability Group
Glen Colton expressed concern the Plan ignores population growth.
Linda Vrooman stated there has been no environmental impact statement for the stadium and
discussed the environmental impacts of the stadium.
Les Kaplan stated the regional land use pattern and the City’s water delivery system should be
considered with regard to the Plan.
Mike Truitt discussed energy upgrades in homes.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Councilmember Troxell asked how much of the framework is within the City’s control versus
other agencies such as Platte River Power Authority. Smith replied a significant portion of the
framework will come from community-based actions.
Councilmember Troxell asked how much of the local control is top-down regulatory versus
bottom-up. Smith replied this Plan will require a full range of tactics, including regulatory and
educational.
Councilmember Troxell discussed importance of removing regulatory barriers and accentuating
innovation components. The model provided by Platte River Power Authority should include
additional transparency.
Councilmember Campana thanked the speakers and commended staff work. He asked about the
projected $600 million cost and the achievability of these aggressive goals. Smith replied the
cumulative costs are estimated and noted there will also be cost savings during the time period.
March 3, 2015
City of Fort Collins Page 79
Work to identify the specific infrastructure and capital investment costs and funding mechanisms
has just begun. Financing and community engagement will be key components in making
progress.
Councilmember Campana reiterated the fact this is a framework and noted there are unidentified
technologies which will aid in cost reduction. He also cited the importance of education.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-030.
Mayor Pro Tem Horak asked if an annual benefit-cost analysis has been considered as part of the
implementation plan. Smith replied transparency in terms of impacts and benefits will be
important moving forward and metrics will be identified where possible.
Mayor Pro Tem Horak asked if the consumption model has been considered as well as the
production model. Smith replied in the affirmative and stated information was provided to the
citizen advisory committee regarding production and consumption based inventories. A
consumption based inventory could be conducted, as well, based on additional staff resources.
Mayor Pro Tem Horak asked how annexations and resulting population growth will be
considered. Smith replied the Plan goals are net goals aside from per capita; however, baselines
and inventories will be adjusted based on large population changes such as annexations.
Mayor Pro Tem Horak supported the Resolution and thanked Dr. Dening and the Fort Collins
Sustainability Group for their work. An implementation plan needs to be developed soon.
Councilmember Cunniff supported the Resolution and agreed a consumption assessment should
occur. He asked if that would include air travel. Smith replied a decision was made to remove
air travel; however, it could be added back into the consumption model.
Councilmember Troxell supported the Resolution and stated he will be looking at fiscal impacts
as well as regulatory frameworks moving forward.
Councilmember Poppaw commended work on this item and supported the Resolution.
Councilmember Overbeck thanked staff for their work on the Plan and discussed the importance
of climate change with regard to the insurance industry.
Mayor Weitkunat supported the Resolution and direction of the Plan; however, she expressed
concern regarding the financial impacts.
RESULT: RESOLUTION 2015-030 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
March 3, 2015
City of Fort Collins Page 80
16. Resolution 2015-031 Adopting an Update to the Economic Health Strategic Plan for the City
of Fort Collins. (Postponed Indefinitely)
The purpose of this item is to consider a resolution approving an update to the Economic Health
Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7-
0 in favor). The update responds to a City Council request to evaluate changes to the existing
strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in
2012). The update introduces five themes around which to organize the City’s economic health
activities:
Community Prosperity
Grow Our Own
Place Matters
The Climate Economy
Think Regionally
Josh Birks, Economic Health Director, stated these revisions have been designed to ensure
alignment with community values and the 2015-2016 Strategic Plan. This Plan focuses on
shaping the economy rather than creating an economy and shifts focus from how the City
engages to why the City engages in shaping an economy. Birks went on to discuss the
sustainability assessment and public involvement process.
Glen Colton opposed the updated Plan, suggesting it should be sent back for further review and
input. The Plan does not reflect the reality of the current economic situation in Fort Collins.
Councilmember Overbeck questioned the outcome of returning the item to the Economic
Advisory Commission for additional input. Birks replied seven of the nine members were
present at the last meeting during which the draft Plan was reviewed and five of those seven
members voted in favor of recommending the Plan as it stands and encouraged it to be treated as
a living document. He stated additional input could possibly lead to fine-tuning of strategies.
Councilmember Overbeck asked why more social-oriented boards and commissions were not
approached for input. Birks replied there was not enough time to reach out to all boards and
commissions, nor did those boards request to give input; however, more would be done to reach
out to additional boards in the future.
Mayor Pro Tem Horak asked if there is urgency for getting this item passed. City Manager
Atteberry replied staff feels as though sufficient outreach has occurred; however, if Council
desires additional outreach, that can certainly occur.
Mayor Weitkunat noted not all boards and commissions have significant connections to each
process.
Councilmember Troxell stated the structure of the boards and commissions and public
engagement process may need to be reevaluated.
Councilmember Campana asked if there is any industry indicator for balance. Birks replied the
movement into the support sector of employment is an emerging idea in the economic field.
Councilmember Cunniff asked about local goods and services and a local reinforcing economy.
Birks replied that appears in the “grow our own” theme and a broader sense of entrepreneurship.
March 3, 2015
City of Fort Collins Page 81
Councilmember Cunniff asked about the purpose of the “market Northern Colorado” aspect of
the Plan. Birks replied 'think regionally' is a unique theme and new aspect of the overall strategy
and stated working with regional partners in order to create a broader sense of resiliency in
Northern Colorado.
Councilmember Cunniff expressed concern regarding the possibility the regional aspect plays
into concerns regarding promoting faster growth. Birks replied our high quality community and
strong economy are natural attractors.
Councilmember Poppaw stated she would support sending this item back to boards and
commissions and noted staff is often placed in the difficult position of attempting to guess which
boards and commissions Council would like to have consider items.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone this
item until such time as additional board and commission outreach and the published public
outreach plan have been completed.
Councilmember Campana stated the process regarding board and commission input needs to be
examined.
Mayor Weitkunat expressed disappointment in this outcome and stated staff sought input from
relevant boards and commissions.
City Manager Atteberry noted the Boards and Commissions manual outlines the boards and
commissions most aligned with each of the outcome areas and stated outreach expectations will
be part of discussions with the upcoming Council.
Councilmember Troxell noted boards and commissions should be following Council's calendar.
Councilmember Poppaw disagreed that staff missed the mark with the Plan or outreach;
however, she expressed support for the desire of other Councilmembers to gain additional
feedback.
RESULT: POSTPONED INDEFINITELY [5 TO 2]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Campana, Cunniff, Horak
NAYS: Weitkunat, Troxell
17. Resolution 2015-032 Supporting the Grant Application for a Local Parks and Outdoor
Recreation Grant from the State Board of Great Outdoors Colorado Trust Fund and the
Completion of Enhancements to the Old Town Square Renovation. (Adopted)
The purpose of this item is to express City Council support for a grant application by the Downtown
Development Authority (DDA). The City, in cooperation with the DDA is applying for a Great
Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation Grant. The City is eligible to
sponsor the DDA for this grant application and GOCO requires this resolution expressing City
Council support to be submitted as part of the grant application package. No additional City funding
is needed for this grant.
March 3, 2015
City of Fort Collins Page 82
Matt Robenalt, Downtown Development Authority Executive Director, discussed the proposed
passive and active recreational amenities which would be part of the GOCO grant application
and stated the City is an eligible entity to sponsor the application on behalf of the DDA.
Ed Stoner discussed other similar urban parks which have received GOCO grants and supported
adoption of the Resolution.
Lee Swanson, DDA Boardmember, supported adoption of the Resolution.
Councilmember Cunniff noted the improvements will still be funded by a loan from the Jefferson
Street enhancement project. Robenalt stated there are features that would not be constructed
should the grant not be awarded. Jennifer Hensley, Downtown Development Authority Financial
Coordinator, stated the upgrade to the children's play area and the shade structure are not
currently budgeted.
Councilmember Cunniff questioned the possibility this project may not meet the constitutional
provisions forming GOCO and asked if the City could choose not to accept the money. Robenalt
replied that would be Council's option.
Councilmember Cunniff stated he would support the Resolution but requested the constitutional
provisions be researched.
Councilmember Troxell questioned why this item is on Council's agenda. Robenalt replied
GOCO requires the endorsement or sponsorship by an eligible entity of an application from
another governmental entity such as the DDA.
Councilmember Troxell asked Councilmember Cunniff to address his concerns. Councilmember
Cunniff replied he is questioning whether this type of urban park comports with Article 27 of the
Colorado constitution.
Hensley noted GOCO requires information regarding the projects to ensure they are eligible
prior to the beginning of the grant process.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2015-032.
RESULT: RESOLUTION 2015-032 ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
18. First Reading of Ordinance No. 038, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Withdrawn)
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council while allowing a Council override of a P & Z
decision.
March 3, 2015
City of Fort Collins Page 83
RESULT: WITHDRAWN FROM CONSIDERATION
19. Second Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the
Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from
Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana
Product Manufacturing Facilities. (Adopted on Second Reading)
Ordinance No. 032, 2015, adopted on First Reading on February 17, 2015, by a vote of 4-3 (nays:
Campana, Troxell, Weitkunat) removes the existing prohibition on the wholesale of marijuana
between licensed businesses, not limiting the sales to Fort Collins establishments. When the retail
marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana
between businesses. This was included, and recommended, as a disincentive for marijuana
businesses to grow more than they could sell through their licensed business. Fort Collins is the
only community to have this restriction and local businesses are interested in relaxing this regulation.
Councilmember Troxell asked if the status of the state tracking system has been updated to
provide information to local law enforcement. Deputy Police Chief Don Vagge replied in the
negative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 032, 2015, on Second Reading.
Councilmember Troxell stated he would oppose the motion as the state remains deficient in its
ability to regulate marijuana distribution and aid local law enforcement.
Mayor Pro Tem Horak supported the Ordinance as it allows Fort Collins businesses to be on a
level playing field.
RESULT: ADOPTED ON SECOND READING [4 TO 3]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Overbeck, Poppaw, Cunniff, Horak
NAYS: Weitkunat, Campana, Troxell
City Manager Atteberry commended Deputy Chief Vagge on his work for the City, noting he
will be retiring in May.
20. Items Relating to Pineridge Natural Area Encroachments. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard.
B. Second Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Sharon and David Bottoms.
C. Second Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Mark and Leslie Haynam.
D. Second Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack.
E. Second Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter.
March 3, 2015
City of Fort Collins Page 84
F. Second Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Ward and April Whicker.
The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property
owners who have significant and long standing encroachments on Pineridge Natural Area are
requesting that City Council approve selling them the land they are encroaching upon. While this is
highly unusual and certainly not something Natural Areas would normally recommend, both Natural
Areas staff and the Land Conservation and Stewardship Board are recommending approval due to
the unique circumstances. These Ordinances were adopted on First Reading on February 17, 2015,
by a vote of 6-1 (nays: Overbeck)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 022, 2015, on Second Reading.
Councilmember Overbeck stated he would not support these motions citing a lack of public
process.
Mayor Pro Tem Horak disagreed stating the process was adequate.
RESULT: ORDINANCE NO. 022, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 023, 2015, on Second Reading
RESULT: ORDINANCE NO. 023, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 024, 2015, on Second Reading.
RESULT: ORDINANCE NO. 024, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 025, 2015, on Second Reading.
March 3, 2015
City of Fort Collins Page 85
RESULT: ORDINANCE NO. 025, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 026, 2015, on Second Reading.
RESULT: ORDINANCE NO. 026, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 027, 2015, on Second Reading.
RESULT: ORDINANCE NO. 027, 2015 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak
NAYS: Overbeck
21. First Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney. (Adopted on First Reading)
The purpose of this item is to amend Section 2-581 of the City Code to describe the base salary of
the City Attorney.
Janet Miller, Human Resources Director, discussed the City’s compensation policies.
Mayor Pro Tem Horak discussed the negotiation process.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 039, 2015, on First Reading, with the amount of $177,000 inserted as appropriate.
Mayor Pro Tem Horak noted copies of the contract will be available for public inspection prior
to Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
March 3, 2015
City of Fort Collins Page 86
ADJOURNMENT
The meeting adjourned at 10:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 87
March 17, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 7, Resolution 2015-033 Determining That a Single-
Lane, Modern Roundabout is the Preferred Alternative for the Intersection of Lincoln Avenue
and the North-South Extension of “International Boulevard”, from the Consent Calendar.
CITIZEN PARTICIPATION
The following citizens spoke in opposition to the new CSU on-campus stadium:
Beverly Hill spoke in opposition to CSU's on-campus stadium and expressed concern regarding
financing of the stadium.
Unidentified Female Citizen spoke in opposition to CSU's on-campus stadium and suggested
Council has the responsibility to affect change surrounding the stadium.
Martha Roden spoke in opposition to CSU's on-campus stadium.
Sandy Lemburg spoke in opposition to CSU's on-campus stadium and stated citizens have been
unable to provide public opinion to CSU's Board of Governors. Additionally, he encouraged
the election of new City leadership.
Elizabeth Hudetz spoke in opposition to CSU's on-campus stadium stating a majority of citizens
and students do not want the stadium.
Beth Mitchell spoke in opposition to CSU's on-campus stadium.
Nicholas Mouton spoke in opposition to CSU's on-campus stadium specifically with regard to
sustainability.
Chester McQueary spoke in opposition to CSU's on-campus stadium.
Doug Brobst spoke in opposition to CSU's on-campus stadium noting the Planning and Zoning
Board opposed the stadium.
Christian Hageseth spoke in opposition to CSU's on-campus stadium.
Caroline Franklin spoke in opposition to CSU's on-campus stadium.
March 17, 2015
City of Fort Collins Page 88
Laurel Hageseth spoke in opposition to CSU's on-campus stadium.
Rob Schmidt spoke in opposition to CSU's on-campus stadium stating the height of the stadium
would be the height of the tallest building on campus and six to eight times the footprint.
Additionally, he stated CSU will not leave Fort Collins regardless of the stadium.
Wayne Shortridge spoke in opposition to CSU's on-campus stadium stating Hughes Stadium
should be renewed.
Waydene Pixler spoke in opposition to CSU's on-campus stadium.
Beth Benscheidt spoke in opposition to CSU's on-campus stadium as being inappropriate for the
area.
Kathryn Kusmin spoke in opposition to CSU's on-campus stadium stating it is fiscally
irresponsible.
Clayton King spoke in opposition to CSU's on-campus stadium.
Kujuan Yearby spoke in opposition to CSU's on-campus stadium stating the majority of CSU
students are also opposed to the on-campus stadium.
Andi Didericksen spoke in opposition to CSU's on-campus stadium.
Chris McCartney spoke in opposition to CSU's on-campus stadium.
Casey Flemming spoke in opposition to CSU's on-campus stadium.
Carl Wangsvick stated Mayor Pro Tem Horak and Councilmember Troxell should recuse
themselves from CSU-related items given their income sources.
Tim Johnson requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Joe Machala requested the City release information regarding Councilmember Campana’s utility
fee payment reduction requests and costs to the City of dealing with the issue.
Bill Mulwinney expressed concern regarding the upcoming election and stated Councilmembers
have not upheld the Constitution.
Ken Tharp expressed concern regarding affordable housing near public transportation.
Chris Cooper suggested the existing garden in English Ranch could be utilized this year while
input on a new location is being sought.
Ward Luthi encouraged residents to stand up for any issue they feel is important.
Catherine Douras, Women’s Commission, announced April as Sexual Assault Awareness
Month.
March 17, 2015
City of Fort Collins Page 89
Jennifer Jones, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Kelly Stirkey, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
John Anderson read a poem.
Jen Kakel, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Chelsea (no last name given), Sexual Assault Victim Advocate Center, thanked the Mayor and
Council for the Sexual Assault Awareness Month proclamation and support of sexual assault
victims.
Paulina (no last name given), Sexual Assault Victim Advocate Center, thanked the Mayor and
Council for the Sexual Assault Awareness Month proclamation and support of sexual assault
victims.
Julia Luciano, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
John Gascoyne discussed questionable actions by Councilmember Horak relating to his current
campaign for Council.
Erin Hadlow, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Rachel Lucas, Sexual Assault Victim Advocate Center, thanked the Mayor and Council for the
Sexual Assault Awareness Month proclamation and support of sexual assault victims.
Isabella Sisneros stated more gardens and open space are needed in the community in order to
connect humans to others. She also spoke in opposition to the on-campus stadium.
Kevin Kruglet encouraged the use of the new pedi-cab service in town.
David Ham suggested the City control its growth and opposed the on-campus stadium.
Mike Pruznick requested Council take decisive action to end rape among homeless individuals.
Cheryl Distaso, Fort Collins Community Action Network, opposed the on-campus stadium and
discussed the need for lockers for homeless individuals.
Thomas Edwards, Fort Collins Bicycle Coalition, encouraged additional enforcement of bicycle
laws in Fort Collins.
March 17, 2015
City of Fort Collins Page 90
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Weitkunat thanked those who spoke regarding Sexual Assault Awareness Month.
Councilmember Troxell stated the City looked into the issue raised by Mr. Mulwinney and found
it to be unsubstantiated. Additionally, the Ethics Committee has found he does not have a
conflict of interest relating to the stadium issue. He noted issues with the on-campus stadium
should to be addressed to the Board of Governors and the Governor of Colorado.
Councilmember Poppaw thanked the citizens who spoke and asked if gardening at the existing
English Ranch garden would be a possibility. Jeff Mihelich, Deputy City Manager, replied the
new garden should be ready in time for the spring planting season.
Councilmember Cunniff thanked the citizens who spoke and requested a report regarding
Council’s code of conduct policy in relation to Councilmember Campana’s conflict of interest
issue. City Manager Atteberry replied Council has adopted an ordinance regarding disclosure
and an internal administrative policy has been adopted regarding disclosure to the City Manager,
City Attorney and City Clerk.
Councilmember Cunniff requested a report regarding the effectiveness of these policies in
increasing transparency. Additionally, he requested information regarding the effectiveness of
the lockers in the Murphy Center.
Mayor Pro Tem Horak requested the City Attorney discuss the letter written to Mr. Luthi. City
Attorney Daggett replied Mayor Pro Tem Horak contacted her regarding comments Mr. Luthi
had made regarding the City’s authority in case law; as a result, she emailed Mr. Luthi regarding
the information he had in terms of such case law.
Mayor Pro Tem Horak noted he has disclosed his wife’s employment by CSU and his ownership
of bonds put out by CSU.
CONSENT CALENDAR
Eric Sutherland withdrew Item Nos. 2 and 3, Items Relating to the Downtown Development
Authority and Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and
Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season, from the
Consent Calendar.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
March 17, 2015
City of Fort Collins Page 91
1. Consideration and Approval of the Minutes of the February 17, 2015 Regular Council Meeting
and the February 24, 2015 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 17, 2015 Regular Council
meeting and the February 24, 2015 Adjourned Council meeting.
2. First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for
the Replacement of Two Damaged Trucks. (Adopted)
The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace
two damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk
Management Fund and from insurance proceeds to compensate the Wastewater Utility for two trucks
that were totaled in separate accidents. The $222,794 in unanticipated revenue contributed to
increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of replacing
one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital
Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently
totals $657,300. The 2015 supplemental appropriation will be used to replace both trucks.
3. First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and
Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain
Escrows as Assurance of Completion. (Adopted)
The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option
for obtaining a certificate of occupancy prior to completion of installation, certification, and
acceptance of stormwater and drainage facilities. This amendment provides clarification as to when
this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines
for completion of the work associated with the escrow.
4. First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect
Road and Timberline Road Intersection Improvements Project (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements at the Prospect
Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection
Improvements will construct safety and congestion mitigation improvements at the intersection, and
on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin
construction in the spring of 2016 and be completed by the fall of 2016. To construct these
improvements, the City will need to acquire certain property interests adjacent to the project area.
The acquisitions include right-of-way, permanent easements, and temporary easements from four
property owners. Timely acquisition of the property is necessary to meet the anticipated construction
schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that
all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is
deemed necessary.
5. Resolution 2015-033 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of
“International Boulevard.” (Withdrawn)
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
March 17, 2015
City of Fort Collins Page 92
This project is not a part of or within the boundaries of the recently approved Lincoln Corridor
Improvement Project.
6. Resolution 2015-034 Authorizing the Purchasing Agent to Lease Additional Vehicles and
Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public
Financing, Inc. (Adopted)
The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for
the cost of $2,239,424 under the City’s Master Lease Agreement with Pinnacle Public Finance and
the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly Payments of
$118,398 at the 2.15% interest rate will not exceed $236,796 in 2015. Money for 2015 lease-
purchase payments is included and appropriated in the 2015 budget. A competitive process was
used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of
current and historical equipment lease financing arrangements showed that lease-purchase is in the
best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this
lease rate is in the City's best interest.
7. Resolution 2015-035 Making an Appointment to the Northern Colorado Airport Commission.
(Adopted)
The purpose of this item is to appoint Thomas Fleming to a four year term to the Northern Colorado
Regional Airport Commission (the "Commission"). The Intergovernmental Agreement ("IGA")
between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a
selection committee of two Councilmembers from each City to make recommendations for
appointment to the Commission.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Mayor Weitkunat noted an appointment of the Fort Collins member to the Northern Colorado
Airport Commission was made.
STAFF REPORTS
Ginny Sawyer, Policy and Project Manager, reported on the Friendship City partnership
agreement with San Cristobal and announced a children’s marimba virtual concert on April 30
th
.
Beth Sowder, Social Sustainability Director introduced Vanessa Fenley, Homeward 2020
Executive Director. Ms. Fenley discussed Homeward 2020’s annual point-in-time survey of
homeless individuals noting an increase in the number of individuals experiencing chronic
homelessness and an increase in the number of homeless veterans.
Sowder announced the opening of Redtail Ponds, a permanent supportive housing project and
noted lockers were installed at the Murphy Center. Additionally, she discussed an upcoming
planning session regarding future action steps to address homelessness.
Councilmember Overbeck asked how many lockers were installed. Sowder replied 76 new
lockers were recently added.
Councilmember Cunniff thanked Ms. Fenley and Ms. Sowder, as well as the Housing Authority.
March 17, 2015
City of Fort Collins Page 93
COUNCILMEMBER REPORTS
Mayor Weitkunat reported on the National League of Cities meetings attended by Council.
Councilmember Campana reported on his participation at the National League of Cities meetings
and specifically commended Mayor Weitkunat on her accomplishments on a federal level on
behalf of the City.
Councilmember Poppaw commended Dan Weinheimer on his organization of the National
League of Cities meetings for Council.
Councilmember Troxell noted discussions were held with the Federal Railroad Administration
and a waiver for train horn noise in town was presented.
Councilmember Overbeck reported on the formation of a new park in the Maple Hill
neighborhood.
Mayor Weitkunat discussed the importance of the Colorado Municipal League in the National
League of Cities meetings and encouraged the formation of a youth coalition in Fort Collins.
Additionally, she discussed the variety of ways in which Fort Collins is represented both
statewide and nationally by its Councilmembers.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
8. Items Relating to the Appointment, Salary and Employment Contract of the City Attorney.
(Adopted)
A. Resolution 2015-036 Appointing Carrie Daggett as City Attorney and Approving the City
Attorney’s Employment Agreement.
B. Second Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney.
C. Administration of Oath of Office for the City Attorney.
The purpose of the resolution is to appoint Carrie Daggett as the new City Attorney and to approve
the employment agreement of the City Attorney. Ordinance No. 039, 2015, unanimously adopted on
First Reading on March 3, 2015, establishes the 2015 salary of the City Attorney at $177,000.
Janet Miller, Human Resources Director, briefly discussed the recruitment process and ultimate
salary and employment contract for City Attorney Carrie Daggett.
Carl Wangsvick stated disclosure of conflicts of interest does not exempt Councilmembers from
recusal and requested Mayor Pro Tem Horak recuse himself from this vote stating he violated the
City Charter.
Mike Pruznick opposed certain determinations of City Attorney Daggett.
Councilmember Poppaw made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-036.
March 17, 2015
City of Fort Collins Page 94
Councilmember Poppaw commended City Attorney Daggett and her work for the City.
Councilmember Troxell discussed the open recruitment process and commended City Attorney
Daggett.
Councilmember Cunniff stated he would support the motion.
Councilmember Campana commended City Attorney Daggett on her work for the City.
Mayor Pro Tem Horak discussed his role in the accusations made by Mr. Wangsvick and
commended City Attorney Daggett on her work for the City.
Mayor Weitkunat commended City Attorney Daggett on her work and passion for the City.
RESULT: RESOLUTION 2015-036 ADOPTED [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 039, 2015, on Second Reading.
RESULT: ORDINANCE NO. 039, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Lisa Poppaw, District 2
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
City Clerk Nelson administered the Oath of Office to City Attorney Daggett.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Mayor Weitkunat suspended the rules to allow the two citizen-pulled consent items to be
considered prior to the Colorado State University IGA item.
12. Items Relating to the Downtown Development Authority. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment
Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure
on Projects and Programs in Accordance with the Downtown Plan of Development.
B. Second Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest
Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs
in Accordance with the Downtown Plan of Development.
These Ordinances, unanimously adopted on First Reading on March 3, 2015, appropriate certain
unanticipated revenues and reappropriate certain funds previously committed for projects and
March 17, 2015
City of Fort Collins Page 95
programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, appropriates
$63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also
includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from
the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, appropriates
unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate
previously committed project funds in the amount of $438,611 for use in the Old Town Square
Renovation.
Mike Pruznick opposed the process involving suspension of the rules and opposed the amount of
funding granted to the Downtown Development Authority.
Nancy York expressed concern regarding the Downtown Development Authority not being held
to the same standards as the City, particularly with regard to the Climate Action Plan.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
Councilmember Cunniff noted this item would not allot extra money to the DDA; it is simply an
official allocation.
RESULT: ORDINANCE NO. 033, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 033, 2015, on Second Reading.
RESULT: ORDINANCE NO. 034, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
13. Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges
for Use of the City's Raw Water for the 2015 Irrigation Season. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on March 3, 2015, sets rates and charges for
the rental and delivery of the Utilities raw water supplies. These rates are used to invoice
agricultural, contractual and other water users.
On First Reading, the agenda item summary (AIS) indicated that the typical rental rate per Water
Supply and Storage Company (WSSC) share is $1,600 over the annual assessment per
share. However, this was a typographical error as the typical rental rate per WSSC share is $600
over the annual assessment per share. This has been corrected in the ordinance. The resultant
rental rate per WSSC share is still $3,500 per share, as indicated in the AIS on First Reading.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 035, 2015, on Second Reading.
March 17, 2015
City of Fort Collins Page 96
RESULT: ORDINANCE NO. 035, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
DISCUSSION ITEMS
9. Resolution 2015-037 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Colorado State University Regarding Infrastructure Improvements and Event Day Operations
Related to an On-Campus Stadium. (Adopted)
The purpose of this item is to approve an intergovernmental agreement between the City of Fort
Collins and Colorado State University regarding infrastructure improvements and event day
operations related to an on-campus stadium. CSU is moving forward with plans to build a new on-
campus stadium for football and other events. Construction and operation of the stadium will have
significant impacts on nearby residents and the community in general, and representatives of the
City and CSU have been negotiating an intergovernmental agreement to outline measures to
mitigate that impact and establish the commitment of CSU to take specific steps to mitigate those
impacts.
Jeff Mihelich, Deputy City Manager, noted the proposed Intergovernmental Agreement (IGA)
does not take a stand for or against the stadium, but rather attempts to protect surrounding
neighborhoods and provide mitigation and funding for impacts. He detailed proposed parking
plans and pedestrian and bicycle crossings. Additionally, Mihelich discussed improvements for
which Colorado State University has agreed to provide funding and the plans for neighborhood
involvement. He also discussed lighting and noise abatement and construction standards and
noted the IGA specifically states CSU is solely responsible for funding all utility, turn lane,
intersection control, signalization, enhanced law enforcement, litter abatement, bike and
pedestrian improvements, transit enhancements, and signage improvements. Mihelich also noted
the adoption of the IGA will help ensure necessary improvements are in place prior to the
stadium opening.
Joe Machala spoke in opposition to the adoption of the IGA stating it is not a binding agreement.
Shelby Robinson spoke in opposition to the adoption of the IGA stating CSU should be required
to meet firm carbon neutrality standards.
Nancy York spoke in opposition to the adoption of the IGA stating CSU should be required to
meet firm carbon neutrality standards.
John Anderson spoke in opposition to the adoption of the IGA.
Dan Leatherman spoke in opposition to the adoption of the IGA.
Kevin Cross, Fort Collins Sustainability Group, spoke in opposition to the adoption of the IGA
stating the climate impact of the new stadium should be required to be minimized.
Beverly Hill spoke in opposition to the adoption of the IGA citing financial concerns and stating
there are few if any citizens in support of the new stadium.
March 17, 2015
City of Fort Collins Page 97
Elizabeth Hudetz spoke in opposition to the adoption of the IGA citing financial, noise, and
traffic impacts to the City.
Dolores Williams spoke in opposition to the adoption of the IGA stating the stadium would not
be allowed by the City's planning and zoning regulations.
Liz Pruzner spoke in opposition to the adoption of the IGA expressing concern there are
significant omissions from the agreement. She stated the IGA should require CSU to continue to
fund impacts throughout the life of the stadium.
Jonathan Carnahan spoke in opposition to the adoption of the IGA.
Clayton King spoke in opposition to the adoption of the IGA stating its adoption should be tabled
at least until the item is considered by the ASCSU Senate.
Lynn DeBeers spoke in opposition to the adoption of the IGA questioning how it will be
enforced.
Jean Yule spoke in opposition to the adoption of the IGA and supported the renewal of Hughes
Stadium.
Nancy Tellez spoke in opposition to the adoption of the IGA.
Linda Vrooman spoke in opposition to the adoption of the IGA questioning traffic and other
impacts.
John Yule spoke in opposition to the adoption of the IGA, citing unresolved issues, and
supported the renewal of Hughes Stadium.
Beth Mitchell spoke in opposition to the adoption of the IGA stating CSU and Dr. Frank should
not be trusted.
Doug Brobst spoke in opposition to the adoption of the IGA stating it cannot possibly address
quality of life issues. He noted there are no individuals in attendance in support of the stadium.
Kujuan Yearby spoke in opposition to the adoption of the IGA stating students should be more
involved in decision making.
Nicholas Mouton spoke in opposition to the adoption of the IGA stating its language is not
concrete enough.
Doug Henderson spoke in opposition to the adoption of the IGA stating firm commitments have
not been made to minimize and mitigate climate impacts.
Wesley Alonzo spoke in opposition to the adoption of the IGA and supported the renewal of
Hughes Stadium.
Bob Vangermeesch spoke in opposition to the adoption of the IGA stating CSU needs the IGA in
order to acquire its bonds.
March 17, 2015
City of Fort Collins Page 98
Chester McQueary spoke in opposition to the adoption of the IGA stating the City should insist
on the creation of an environmental impact statement.
Rob Schmidt spoke in opposition to the adoption of the IGA stating a City-wide vote should
occur.
Isabella Sisneros spoke in opposition to the adoption of the IGA.
Bill Tucker spoke in opposition to the adoption of the IGA specifically questioning traffic
impacts.
Carol Hassan spoke in opposition to the adoption of the IGA specifically questioning traffic,
train and noise impacts.
Leo Franzone spoke in opposition to the adoption of the IGA stating the stadium is not necessary
for bringing attention to CSU.
Andi Didericksen spoke in opposition to the adoption of the IGA.
Mike Pruznick spoke in opposition to the adoption of the IGA and opposed the make-up of the
stadium advisory group.
Beth Benscheidt spoke in opposition to the adoption of the IGA stating a City-wide vote should
occur.
Waydene Pixler spoke in opposition to the adoption of the IGA.
Wayne Shortridge spoke in opposition to the adoption of the IGA.
Jimmy De La Franca spoke in opposition to the adoption of the IGA.
Tim Johnson expressed concern regarding possible conflicts of interest for Councilmembers
Horak and Troxell.
Paul Smith expressed concern regarding the impact of global climate change on local economics.
Councilmember Cunniff thanked the speakers and asked if the study on the Prospect and College
intersection was completed when CSU was in session. Mihelich replied in the affirmative.
Councilmember Cunniff asked about the discussion of future uses for Hughes Stadium.
Mihelich replied Hughes Stadium is outside of the City's planning area; therefore, it is not
appropriate to be included in the IGA. City Manager Atteberry noted Dr. Frank has expressed
interest in that collaboration in the future.
Councilmember Cunniff noted this IGA addresses only $8 million of the $30-40 million CSU
has set aside to fund infrastructure improvements. Mihelich replied the mitigation report
developed in late 2014 resulted in a range of improvements of $13-22 million. The $8 million
figure includes items for which firm costs are known and which CSU has agreed to fund. Future
improvements which need additional study, but are included in the IGA, include the grade-
separated crossing at Shields and Elizabeth, Prospect and College improvements, Prospect
corridor improvements, and Lake/Centre intersection improvements.
March 17, 2015
City of Fort Collins Page 99
Councilmember Cunniff asked about the inclusion of the "strive to" language with regard to
meeting the City's noise ordinance. Mihelich replied the City is not able to enforce its noise
ordinance on the stadium itself; however, CSU has agreed to be made aware of the requirements
and attempt to modify non-football related events to meet those standards.
Councilmember Cunniff asked about the inclusion of the City's carbon neutrality goals.
Mihelich replied CSU has stated its goal is to meet gold LEED certification during construction
and be carbon neutral in operation; however, it is not committed specifically to these goals with
the stadium.
Councilmember Cunniff asked about the appropriation clause. Mihelich replied the IGA does
not specifically address appropriation; however, it does allow either party to terminate the
agreement at a future date as it is a voluntary agreement. Amy Parsons, CSU Vice-President of
Operations, replied the appropriations language referenced is required by state law.
Councilmember Cunniff asked if the noise impact of the cannon during football games was
discussed. Mihelich replied in the negative.
Councilmember Cunniff asked about the make-up of the stadium advisory group. Mihelich
replied the inclusion of business owners in the group was an idea suggested by the Planning and
Zoning Board. Additionally, two representatives from CSU and one from the City will be
included. The remaining members are at-large and could certainly be residents of adjoining
neighborhoods.
Mayor Weitkunat noted Council and the City have been insistent this IGA be pursued and asked
why that has occurred at this point in time. Mihelich replied Council has insisted on the
development of a detailed mitigation plan to lessen the impacts of the stadium as much as
possible and stated the focus of the IGA, at Council's direction, has been the interest of the
neighborhoods.
Councilmember Troxell asked if the definition of "main campus" has been made clear. Mihelich
replied specific language is included in the IGA and the main campus is the central core with the
south campus being Centre Avenue and south; however, CSU considers all of the property to be
campus and the IGA does not address infrastructure improvements as being part of either the
main or south campus.
Councilmember Troxell stated the relationship between CSU and the City needs to be
approached more holistically. He asked about the possible use of eminent domain. Mihelich
replied he does not have any comments regarding eminent domain with respect to the IGA but
stated additional discussions regarding what eminent domain powers the state has granted to
CSU will be held.
Councilmember Troxell supported the inclusion of mandatory reviews in the IGA.
Councilmember Campana suggested the postponement or non-approval of the IGA would not
prevent the stadium from moving forward and stated the IGA has been vetted as much as
possible.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt
March 17, 2015
City of Fort Collins Page 100
Resolution 2015-037.
Councilmember Troxell expressed regret this issue has divided the city and stated this IGA is a
step toward working cooperatively with CSU.
Mayor Weitkunat noted actions taken with this IGA, regardless of whether or not the stadium is
built, will aid in bringing needed improvements to the city.
Councilmember Cunniff argued there is more the City could do to ensure that the stadium or any
other CSU project would be compatible with the surrounding neighborhoods. Additionally, he
noted neighborhoods were built around Hughes Stadium after the stadium was in place, while the
new stadium would impact existing neighborhoods. He stated he would not support the IGA as
it does not protect neighborhoods as requested by citizens.
Councilmember Campana stated this IGA does not hurt the City and expressed appreciation for
citizen input.
RESULT: RESOLUTION 2015-037 ADOPTED [4 TO 3]
MOVER: Gino Campana, District 3
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Campana, Troxell, Horak
NAYS: Overbeck, Poppaw, Cunniff
10. Resolution 2015-038 Adopting the West Central Area Plan as an Element of the
Comprehensive Plan of the City and Repealing the West Central Neighborhoods Plan as an
Element of the City's Comprehensive Plan. (Adopted)
The purpose of this item is to adopt the West Central Area Plan (the "Plan") comprised of the
neighborhoods south and west of the CSU Main Campus. Subarea plans are a key component in
implementing the City Plan vision to create an overall community that is innovative, sustainable and
connected. The West Central Area Plan will help citizens address a wide variety of challenges and
opportunities to ensure that these neighborhoods continue to be great places to live, work, shop,
learn and play. The Plan strives to provide policy, guidance and direction on three primary topics:
Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In
addition, other subject areas include urban design, housing, community facilities, and a strategic
approach to delivering effective public services.
The Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields
Street to College Avenue), which are intended to improve the safety and comfort of pedestrians,
bicycles, buses and cars on both roadways. The Plan also considers various alternatives for making
a range of improvements along Shields Street between Prospect Road and Laurel Street, including a
potential grade-separated crossing. Extensive public outreach was conducted over the course of the
planning process using a range of strategies. Beginning in January 2014 and concluding with an
open house in March 2015, a broad range of citizens, a stakeholder committee, and various
organizations have participated and contributed to the formation of the Plan.
Laurie Kadrich, Community Development and Neighborhood Services Director, briefly
introduced the item.
Ted Shepard, Chief Planner, stated the West Central Area Plan builds upon the 1999 West
Central Neighborhoods Plan and the Student Housing Action Plan and discussed the public input
process as well as the overall layout of the Plan.
March 17, 2015
City of Fort Collins Page 101
Rebecca Everette, City Planner, discussed the various action items and open space components
included in the Plan.
Amy Lewin, Senior Transportation Planner, discussed the transportation and mobility aspects of
the Plan and detailed proposed plans for Prospect Road and Lake Street.
Paul Anderson supported adoption of the West Central Area Plan and the “U+2”’ Ordinance.
Mike Pruznick asked about the inclusion of a CSU medical facility at Prospect and College and
about the City’s ownership of a parcel at that corner.
Lynn DeBeers asked about the rental components of the Plan.
Kristy Bird, Northern Colorado Rental Housing Association, supported adoption of the Plan but
did not support a rental registration or licensing program.
Eric Sutherland questioned the City’s planning efforts and stated growth does not pay its own
way.
Ed Pierce supported adoption of the Plan but questioned whether or not the “U+2” Ordinance is
being enforced.
Thomas Edwards asked when Lake Street will be taken over by CSU.
Shepard stated the northwest corner of Prospect and College is not part of CSU’s main campus
and noted the City would have jurisdiction over the review of any medical building through the
Site Plan Advisory Review process.
City Manager Atteberry noted the City-owned land at the intersection of Prospect and College is
for future expansion of the intersection.
Mayor Weitkunat requested staff input regarding the “U+2” Ordinance and its enforcement.
Kadrich replied the Code Enforcement office has had one full-time staff member dedicated to
enforcement of this Ordinance and a second staff member has been recently added. A more
proactive approach is being taken in areas with repeat complaints.
Mayor Weitkunat requested staff input regarding rental registration and licensing programs.
Shepard replied the Plan includes a mid-term action item to form an exploratory committee to
evaluate the feasibility and potential effectiveness of a citywide landlord registration or licensing
program. Additionally, a Neighborhood Renewal Program is being developed by the Social
Sustainability Department.
Mayor Weitkunat discussed the importance of alerting the entire community about the possible
licensing and registration program.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-038.
Mayor Pro Tem Horak discussed the importance of systematically dealing with both sides of the
rental issue.
March 17, 2015
City of Fort Collins Page 102
Councilmember Cunniff stated this Plan includes many items which will aid in improving the
neighborhoods included in the area and commended staff for work on the Plan. Additionally, he
questioned the process for high-intensity use parcels. Shepard noted the Plan does not radically
change any zone districts in terms of permitted uses.
Councilmember Overbeck commended the public input process.
Councilmember Troxell noted the importance of addressing rental issues with the inclusion of
the nuisance Ordinance and expressed full support of the Plan as presented.
Mayor Pro Tem Horak commended the format of the Plan.
Councilmember Campana supported the Plan and public engagement process.
Mayor Weitkunat commended the Plan and discussed the importance of community engagement.
RESULT: RESOLUTION 2015-038 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Motion to Extend the Meeting
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the
meeting past 10:30 p.m.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
11. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Postponed to March 24, 2015)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
RESULT: POSTPONED TO March 24, 2015 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
March 17, 2015
City of Fort Collins Page 103
OTHER BUSINESS
Motion to cancel the April 7, 2015 Regular Council meeting. (Municipal Election)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to cancel the
April 7, 2015 regular Council meeting as permitted under Section 2-28(a) of the City Code due
to the municipal election on that date.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Call of Special Meeting for 6:00 p.m., Tuesday, April 14, 2015. (Organizational Meeting)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to call a special
Council meeting on April 14, 2015 at 6:00 p.m. for the purpose of swearing in the Mayor and
City Councilmembers elected at the April 7th municipal election as permitted under Section 2-
29(a) of the City Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on March 24, 2015, to consider such matters as may come before the Council including a
possible Executive Session and any items not addressed tonight.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 10:54 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 104
March 24, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT:
Staff present: Atteberry, Daggett, Nelson
1. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the
Comprehensive Plan of the City. (Adopted)
The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as
an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the
community has a 40-year history of protecting nature in the city and region. Nature in the City is a
long-term planning effort that capitalizes on these efforts to protect and integrate nature into the
community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on
public and private lands.
Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of
this project.
Lindsay Ex, Senior Environmental Planner, discussed the community's development patterns and
stated this Plan is designed to address how to balance the urban infill and redevelopment goals
with the desire to preserve Fort Collins' small town feel and access to nature in the city. Ex
detailed the process used to develop the project, including its three phases of inventory and
assessment, strategic plan, and implementation.
Justin Scharton, Environmental Planner, discussed the second phase of Nature in the City, the
strategic plan, and noted it has involved partnerships between several City departments, external
entities and public. The vision of the Plan is to create a connected open space network that
balances the desire of residents to access nature with the need for wildlife habitat and went on to
detail the goals of the plan.
Ex discussed the implementation aspect of the Strategic Plan and stated action items have begun,
including demonstration projects and the continuation of monitoring. Additionally, design
guidelines and Land Use Code changes, as well as the dark skies policy, will be brought before
Council in the future.
Eric Sutherland commented on the Boxelder Stormwater Authority and the use of conservation
easements.
Mike Pruznick expressed general support for the Nature in the City Plan and discussed utilizing a
systems approach to address the plan.
Mayor Weitkunat commended the report format and photographs.
City of Fort Collins Page 105
Councilmember Overbeck asked how the dark skies aspect will be measured. Scharton replied
the City has partnered with the National Park Service night sky national office to measure night
sky quality.
Councilmember Overbeck asked if there is a goal associated with the dark sky issue. Scharton
replied staff is currently working to develop a night sky ordinance or policies; however, a
specific goal has yet to be identified.
Councilmember Overbeck commended the Plan and public process and suggested the placement
of a living wall or other resource in the Midtown area.
Councilmember Cunniff commended the Plan and asked how possible funding options will be
evaluated. Ex replied funding options are not limited to City options and referenced an appendix
of the plan dedicated to possible funding sources.
Councilmember Cunniff asked if the International Dark Sky Association has been contacted.
Scharton replied a call is scheduled with the organization next week.
Mayor Pro Tem asked about the use of Natural Areas funds. John Stokes, Natural Areas
Director, replied Natural Areas funds have been included as a funding source and noted there is a
wide range of possibilities for sharing resources.
Councilmember Troxell commended the Plan and complimented staff on public outreach and the
use of partnerships.
Mayor Weitkunat commended the Plan and suggested incorporating schools as part of the citizen
science projects. Additionally, she suggested public-private partnerships with HOAs and
gardening companies and asked about the inclusion of water and ditch companies. Ex replied
staff is meeting with Poudre School District to discuss ways to engage students and announced a
pilot program with landscape companies to plant trees as part of the West Central Area Plan.
Additionally, water conservation issues are being considered and could be explicitly outlined in
the Plan if desired.
Mayor Pro Tem Horak suggested active engagement with ELCO and the Fort Collins Loveland
Water District as well as other entities in the urban growth area.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2015-039.
Councilmember Troxell discussed the importance of resiliency planning and agreed with the
importance of public-private partnerships.
Councilmember Campana commended the document and its holistic approach.
Councilmember Cunniff noted Natural Areas funds will not be a sole funding source.
Mayor Pro Tem Horak suggested an early implementation item should involve gaining a better
understanding of how Natural Areas fits with Nature in the City.
Councilmember Cunniff noted Natural Areas funds need to be spent according to the intentions
of voters and the outline of the City's Strategic Plan.
City of Fort Collins Page 106
RESULT: RESOLUTION 2015-039 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Cunniff noted the future Council will consider the Comcast agreement and
suggested those deliberations be made as public as possible.
ADJOURNMENT
The meeting adjourned at 6:43 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 107
April 14, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
OUTGOING COUNCILMEMBER COMMENTS
Councilmember Poppaw expressed appreciation specifically for David Roy, Aislinn Kottwitz,
Ross Cunniff, and Bob Overbeck. She thanked friends and staff members and expressed
gratitude to City Manager Atteberry. Additionally, Councilmember Poppaw thanked her family
and congratulated the newly elected Councilmembers.
Councilmember Troxell thanked his family for their support and welcomed Councilmember
Stephens. Additionally, he commended former Councilmember Kastein on his service.
Mayor Weitkunat stated she has been honored to serve the community of Fort Collins as Mayor.
She mentioned accomplishments of the past four years and expressed pride in the community.
OATHS OF OFFICE - NEWLY ELECTED MAYOR AND COUNCILMEMBERS
District 2 Councilmember Martinez, District 4 Councilmember Stephens, District 6 Councilmember
Horak, and Mayor Troxell will take their oaths of office at this time.
City Clerk Nelson administered the oaths of office to newly elected Councilmembers Martinez
and Stephens and Mayor Troxell.
AGENDA REVIEW
City Manager Atteberry noted the Rules of Procedure for Special Meetings include the same
business items as Regular Meetings.
City Attorney Daggett noted a request for a recount was filed in the District 6 Council race;
therefore, the certification for the District 6 race is not yet final. As all Councilmembers serve
until such time as a successor is elected, Councilmember Horak will remain in his seat until the
recount process is complete and a final certification on the District 6 race is issued by City Clerk
Nelson.
CITIZEN PARTICIPATION
Lawrence Budd commented on a pit bull bite of a 9 year-old girl and requested Fort Collins ban
the breed.
Jack Daniels encouraged Council to keep up the good work in making Fort Collins a wonderful
place to live.
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Jerry Gavaldon congratulated the incoming Councilmembers.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff requested a summary of pit bull issues in other communities.
Councilmember Overbeck requested statistics regarding pit bull bites in the city, as well as input
from the Humane Society.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Poudre Heritage Alliance meeting and the creation of
a video discussing the history and heritage of the Poudre River.
NEWLY ELECTED COUNCILMEMBERS WILL BE SEATED
1. Resolution 2015-040 Expressing Gratitude and Appreciation to Lisa Poppaw for Her
Contributions to the Community as a Councilmember. (Adopted)
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-040. Councilmember Cunniff read the Resolution expressing gratitude and
appreciation to Lisa Poppaw for her contributions to the community as a Councilmember.
Aislinn Kottwitz commended outgoing Councilmember Poppaw.
Darcy McClure expressed gratitude to outgoing Councilmember Poppaw and congratulated the
incoming Council.
Jennifer Williams expressed gratitude to outgoing Councilmember Poppaw.
City Manager Atteberry presented outgoing Councilmember Poppaw with a token of the City's
appreciation.
Councilmember Cunniff thanked outgoing Councilmember Poppaw for her service.
Councilmember Overbeck thanked outgoing Councilmember Poppaw for her service.
Councilmember Campana thanked outgoing Councilmember Poppaw for her service.
Councilmember Martinez thanked outgoing Councilmember Poppaw for her service.
Mayor Troxell thanked outgoing Councilmember Poppaw for her service.
RESULT: RESOLUTION 2015-040 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
City of Fort Collins Page 109
2. Resolution 2015-041 Expressing Gratitude to Wade Troxell for His Contributions to the
Community as a Councilmember. (Adopted)
Councilmember Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-041. Councilmember Horak read the Resolution expressing gratitude and
appreciation to Wade Troxell for his contributions to the community as a Councilmember.
Eric Kronwall commended Mayor Troxell for his service as a Councilmember.
City Manager Atteberry presented Mayor Horak with a token of the City's appreciation for his
service as a Councilmember.
Councilmember Campana commended Mayor Troxell on his service as a Councilmember.
Councilmember Cunniff commended Mayor Troxell on his service as a Councilmember.
Councilmember Horak commended Mayor Troxell on his service as a Councilmember.
Councilmember Stephens commended Mayor Troxell on his service as a Councilmember.
Councilmember Martinez commended Mayor Troxell on his service as a Councilmember.
Councilmember Overbeck commended Mayor Troxell on his service as a Councilmember.
RESULT: RESOLUTION 2015-041 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
3. Resolution 2015-042 Expressing Gratitude and Appreciation to Karen Weitkunat for Her
Contributions to the Community as Mayor. (Adopted)
Councilmember Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2015-042. Councilmember Horak read the Resolution expressing gratitude and
appreciation to Karen Weitkunat for her contributions to the community as Mayor.
Aislinn Kottwitz thanked outgoing Mayor Weitkunat for her service and friendship.
Robert Howe thanked outgoing Mayor Weitkunat for her service.
Eric Kronwall thanked outgoing Mayor Weitkunat for her commitment to the community.
City Manager Atteberry thanked the families of the outgoing Councilmembers and commended
them on behalf of City staff.
City Manager Atteberry presented outgoing Mayor Weitkunat with a token of the City's
appreciation for her service as Mayor.
Councilmember Campana commended outgoing Mayor Weitkunat on her service.
Councilmember Horak commended outgoing Mayor Weitkunat on her service and commitment
to the community.
Councilmember Martinez commended outgoing Mayor Weitkunat on her service.
City of Fort Collins Page 110
Councilmember Overbeck commended outgoing Mayor Weitkunat on her service and leadership
through the Colorado Municipal League.
Councilmember Cunniff commended outgoing Mayor Weitkunat on her service and integrity.
Mayor Troxell thanked outgoing Mayor Weitkunat for her enthusiasm, positive nature and
service to the community.
RESULT: RESOLUTION 2015-042 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
ELECTION OF MAYOR PRO TEM (2 Year Term)
The Charter provides that the Council shall elect a Mayor Pro Tem who shall act as Mayor during the
absence or disability of the Mayor.
City Attorney Daggett stated, pursuant to Article II, Section 4 of the City Charter, the Council is
expected to elect a Mayor Pro Tem at its first regular or special meeting following a municipal
election. She stated there is benefit to having a Mayor Pro Tem in the event of the Mayor’s
absence and noted the District 6 recount will be resolved by the end of the week. She
recommended Council elect a Mayor Pro Tem this evening.
Jerry Gavaldon suggested Councilmember Martinez be considered for Mayor Pro Tem.
Councilmember Horak expressed interest in the position and discussed the role of the Mayor Pro
Tem.
Councilmember Martinez expressed interest in the position.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to select
Councilmember Horak as Mayor Pro Tem.
Councilmember Cunniff expressed the importance of continuity in leadership.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Stephens, Overbeck, Martinez, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Councilmember Martinez thanked the audience for participating in the swearing in of the new
Councilmembers.
Mayor Troxell thanked the audience.
City of Fort Collins Page 111
ADJOURNMENT
The meeting adjourned at 7:15 p.m.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 112
April 21, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Nelson
OATH OF OFFICE - District 6 Councilmember
City Clerk Nelson administered the oath of office to Councilmember Gerry Horak.
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended withdrawing Item #1 Approval of the Minutes of the
March 3 and March 17, 2015 Regular Council Meetings and the February 27 and March 24,
2015 Adjourned Council Meetings in order to allow for more detailed comments regarding the
stadium issues to be added, per Councilmember Overbeck’s request. Additionally, he
recommended withdrawing Item No. 15, First Reading of Ordinance No. 051, 2015, Amending
the Land Use Code with Regard to City Development Projects, for additional staff work.
CITIZEN PARTICIPATION
Eric Sutherland discussed the Site Plan Advisory Review process, which would have been part
of the topic of Item No. 15, First Reading of Ordinance No. 051, 2015, Amending the Land Use
Code with Regard to City Development Projects. He suggested the process is out of date and
should not be used for private entities, regardless of whether or not they are receiving public
funding.
Stacy Lynne discussed a statement made by Mayor Troxell regarding an investigation related to
Sheriff Justin Smith, District Attorney Abrahamson, and Judge Julie Field.
Lynn Thompson, Fort Collins Homeless Coalition, requested the City stop issuing tickets to
homeless individuals who are camping in public spaces, sleeping in legally parked vehicles, and
sleeping on private land with the permission of the property owner, until the City can offer those
individuals meaningful opportunities to meet their need for sleep.
Wayne Folsom, Fort Collins Homeless Coalition, stated the lockers recently provided at the
Murphy Center are inadequate in terms of size and ease of access.
Cheryl Distaso, Fort Collins Homeless Coalition, invited the community to an event featuring
Willie Baptist from the Poverty Initiative in Brooklyn on May 1st from 3-5 PM at City Hall.
Additionally, she echoed Ms. Thompson's comments regarding ticketing and Mr. Folsom's
comments regarding the lockers.
City of Fort Collins Page 113
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell stated the issues discussed by Ms. Lynne were addressed previously and the topic
is a closed matter at this point.
Councilmember Campana stated the staff recommendations regarding Item No. 15, First
Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City
Development Projects, would have required full development review processes for City projects
rather than the location, character and extent review of the Site Plan Advisory Review process.
City Manager Atteberry replied the intent behind this change is partly to empower neighbors and
staff to be able to discuss these projects directly with Council.
Councilmember Campana requested additional information regarding the lockers at the Murphy
Center and the reason behind the size of those lockers. Deputy City Manager Mihelich replied
the lockers were a partnership between the City and the Murphy Center and were designed to fit
the needs of most individuals. He noted there are additional storage areas within the Murphy
Center which are secure behind a closed door during the day and larger storage facilities are
available behind the Murphy Center.
Councilmember Campana requested staff provide a matrix of available locker facilities.
Councilmember Cunniff requested a summary of the reasons why the project mentioned by Mr.
Sutherland was determined to be appropriate for a Site Plan Advisory Review process.
Councilmember Martinez requested information regarding the rationale behind and results of the
police sweeps of homeless individuals mentioned by Ms. Thompson. City Manager Atteberry
stated the process was quite well documented and heavily dealt with by the previous Council.
Mayor Pro Tem Horak replied Councilmembers participated in a walk through with Natural Area
Rangers and Police. Primarily, those events involved clean-up of abandoned camp sites in
Natural Areas.
Mayor Pro Tem Horak stated representatives from the Murphy Center should be addressing the
locker issues as the City is only providing funding. City Manager Atteberry replied staff is
attempting to determine the appropriate role for the City in this area and stated he would discuss
the ability of some of the social providers to attend a work session. Additionally, he noted the
Ranger patrols of Natural Areas are designed to keep those areas safe, clean and healthy as
camping in Natural Areas is illegal.
Councilmember Martinez requested information regarding how the bill being presented by
Senator Kefalas will impact the City. City Manager Atteberry replied the Legislative Review
Committee will be addressing that topic.
Councilmember Overbeck requested a report from the restorative justice court.
Councilmember Stephens discussed the importance of empathetically addressing homelessness
in the community.
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CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the March 3 and March 17, 2015 Regular
Council Meetings and the February 27 and March 24, 2015 Adjourned Council Meetings.
(Withdrawn)
The purpose of this item is to approve the minutes of the March 3 and March 17, 2015 Regular
Council meetings and the February 27 and March 24, 2015 Adjourned Council meetings.
2. Second Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund
for the Replacement of Two Damaged Trucks. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, appropriates $272,794
in Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in
unanticipated revenue was received from the Risk Management Fund and from insurance proceeds
to compensate the Wastewater Utility for two trucks that were totaled in separate accidents. The
$222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end 2014
in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be
appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment
purchases. The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental
appropriation will be used to replace both trucks.
3. Second Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and
Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain
Escrows as Assurance of Completion. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, amends Chapter 26 of
City Code, which provides developers an option for obtaining a certificate of occupancy prior to
completion of installation, certification, and acceptance of stormwater and drainage facilities. This
amendment provides clarification as to when this is allowable, initiates a non-refundable fee for
processing and tracking the escrow, and timelines for completion of the work associated with the
escrow.
4. Second Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the
Prospect Road and Timberline Road Intersection Improvements Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 17, 2015, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and
Timberline Road Intersection Improvements will construct safety and congestion mitigation
improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird
Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall
of 2016. To construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include right-of-way, permanent easements, and
temporary easements from four property owners. Timely acquisition of the property is necessary to
meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the
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affected owners and is optimistic that all property negotiations can be completed prior to the start of
the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the
Project only if such action is deemed necessary.
5. First Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in
2014 But Not Expended and Not Encumbered in 2014. (Adopted)
The purpose of this item is to reappropriate 2014 appropriations approved by City Council that
lapsed at the end of 2014. The authorized expenditures were not spent and could not be
encumbered in 2014 because:
there was not sufficient time to complete bidding in 2014 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies
the project for which the dollars were originally appropriated by Council could not be completed
during 2014 and reappropriation of those dollars is necessary for completion of the project in
2015
to carry on programs, services, and facility improvements in 2015 with unspent dollars previously
appropriated in 2014
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2014 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $ 1,197,690
Golf Fund 40,000
Keep Fort Collins Great Fund 771,519
Light & Power Fund 18,000
Transportation Fund 28,000
$ 2,055,209
6. First Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise
by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and
Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and
Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any
Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System
and the Provision of Cable Services to Citizens Within the City. (Adopted)
The purpose of this item is to request a second extension of the current Cable Franchise Agreement
between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of
47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and
Comcast representatives have reached mutual agreement on the final elements of the new
agreement. The additional 47 days will allow for more time for public input prior to the consideration
of the new agreement by Council. The proposed extension will maintain the terms and conditions of
the existing Franchise for the duration of the extension.
7. First Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to
Walnut Street 354, LLC. (Adopted)
The purpose of this item is to convey approximately 3,800 square feet of City property to Walnut
Street 354, LLC for utilization in the development of a downtown hotel and convention center at 354
Walnut Street, the former location of the Armadillo Restaurant. The property will be purchased by
the developer at fair market value, as determined by the City. Additionally, the conveyance will be
subject to a public access and utility easement reservation which allows the subject property to
continue to be utilized for these purposes, just as it is today.
City of Fort Collins Page 116
8. First Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202
LaPorte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
The owner of this property, Sharon Manges, is initiating this request for Fort Collins Landmark
designation of the Holmes/Manges Property, 1202 Laporte Avenue. Built in 1905-06 by J. B. Kuhn,
the red brick residence is a nice example of early twentieth century Classic Cottage architecture. The
historic wood frame garage, with narrow horizontal drop siding, contributes to the architectural
significance of the property.
9. First Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins. (Adopted)
The purpose of this item is to designated the Longyear Property, 719 Remington Street, as a Fort
Collins Landmark. The property is eligible for Landmark recognition for its significance under
Landmark Standard C, Design/Construction. The dwelling has great architectural merit as a well
preserved representation of early twentieth century Victorian-era vernacular architecture. The locally
rare two-bay garage contains a very unusual Mission style parapet façade. The Longyear Property
has additional significance under Landmark Standard B, for its association with Colorado Agricultural
College professor Burton O. Longyear, who contributed substantially to the fields of forestry and
horticulture.
10. Resolution 2015-043 Determining That a Single-Lane, Modern Roundabout is the Preferred
Alternative for the Intersection of Lincoln Avenue and the North-South Extension of
“International Boulevard.” (Adopted)
The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln
Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan
anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a
north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an
Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives
Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection.
This project is not a part of, or within, the boundaries of the recently approved Lincoln Corridor
Improvement Project.
11. Resolution 2015-044 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County for the Construction and Maintenance of the North Shields Street Trailhead
Parking Lot and Trails. (Adopted)
The purpose of this item is to approve an intergovernmental agreement (IGA) with Larimer County
which defines the cost sharing of the construction and maintenance of a trailhead parking lot and
trails as part of Larimer County’s North Shields Street and Bridge project. Natural Areas staff has
been working for the last several years with Larimer County and Park Planning to partner on an effort
to include a trail head parking lot as part of the County’s North Shields Street bridge replacement
and street widening project. In particular Natural Areas and Park Planning are working with the
County to provide better and safer access to the Poudre River, Poudre Trail and adjoining natural
areas for hiking, biking, tubing and fishing. Staff has prepared an IGA that outlines the cost sharing
and maintenance responsibilities between Larimer County and the City’s Natural Areas Department
and Park Planning Department.
12. Resolution 2015-045 Approving the Acceptance of the Proposed Donation of a Sculpture to
be Placed at Edora Pool Ice Center. (Adopted)
This Resolution accepts the donation of a bronze sculpture representing a swimmer, donated by the
Thornton Family Foundation through the Fort Collins Area Swim Team (FAST). This sculpture will
become part of the City’s Art in Public Places collection and placed at the Edora Pool Ice Center (EPIC).
City of Fort Collins Page 117
13. Resolution 2015-046 Approving the Acceptance of the Proposed Donation of a bronze
sculpture to be placed at The Gardens on Spring Creek. (Adopted)
This Resolution accepts the donation of a bronze sculpture from Bernice Penney and Family that was
selected and is currently on display in The Gardens on Spring Creek ARTiculture Exhibit. This sculpture
will become part of the City’s Art in Public Places collection.
14. Resolution 2015-047 Making an Appointment to the Commission on Disability. (Adopted)
The purpose of this item is to appoint Sherri Reichow to the Commission on Disability to fulfill the
remaining term of resigning Commissioner Jeff Coons.
CONSENT CALENDAR FOLLOW-UP
Councilmember Overbeck acknowledged Art in Public Places donations made by community
members regarding Item Nos. 12 and 13, Resolution 2015-045 Approving the Acceptance of the
Proposed Donation of a Sculpture to be Placed at Edora Pool Ice Center and Resolution 2015-
046 Approving the Acceptance of the Proposed Donation of a bronze sculpture to be placed at
The Gardens on Spring Creek.
Councilmember Martinez requested additional information regarding Item No. 2, Second
Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the
Replacement of Two Damaged Trucks. Jon Haukaas, Water Engineering and Field Services
Operations Manager, replied two separate motor vehicle accidents occurred, resulting in the need
for the trucks to be replaced. He noted full investigations and reports were completed after each
accident. City Manager Atteberry assured Councilmember Martinez there has been
accountability in terms of disciplinary actions for these events.
STAFF REPORTS
City Manager Atteberry stated the Streets Department has recently received an ISO 14001
certification, which is an international standard aimed at helping organizations develop effective
environmental management systems.
Carol Webb, Water Resources Treatment Operations Manager, discussed the process in terms of
receiving the certification and detailed the components of environmental management systems.
City Manager Atteberry discussed the importance of a systems approach and praised the
leadership of Karen Cumbo, Planning Development and Transportation Director and Larry
Schneider, Streets Department Director.
Mayor Troxell commended the Streets Department on its work in the community.
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Project Homeless Connect event and his` visit to the
Traffic Operations control center, stating staff is working hard to address traffic issues.
Councilmember Cunniff reported on the Legislative Review Committee meeting.
City of Fort Collins Page 118
Mayor Troxell reported on his participation in the s’mores making record-setting event and the
use of a local company product in the event.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
15. First Reading of Ordinance No. 051, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Withdrawn)
The purpose of this item is to consider amending the Land Use Code to require any development
review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P
& Z) and eliminates formal appeals to the City Council, while allowing a Council override of a P & Z
decision.
RESULT: WITHDRAWN
16. First Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of
Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to
the Water System as an Irrigation Source for the Establishment of Native Vegetation.
(Adopted on First Reading)
The purpose of this item is to allow the Utilities Executive Director the option to waive the water plant
investment fee (WPIF) for projects that only require irrigation for the establishment of native
vegetation during the first three years of growth. The City has actively pursued native vegetation for
greenspaces and landscaping as a means to reduce long term demand and improve the
sustainability of water availability in our region. Successful establishment of such vegetation typically
requires irrigation in its first two to three years. After establishment, it can be successful with only
the limited natural precipitation of the area. City Code requires that all connections to the water utility
pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for projects that
only require irrigation for the establishment of native vegetation during these first three years of
growth. All charges for water use would be due by the requesting customer as well as the costs to
disconnect at the end of that period. After further discussion, this item was modified to apply to any
project meeting these goals.
Kevin Gertig, Utilities Executive Director, stated this item allows the Director of Utilities to
waive water plant investment fees for specific projects that may require water during the interim
period of establishing native growth.
Jon Haukaas, Water Engineering and Field Services Operations Manager, stated the types of
projects affected by this waiver would only require irrigation for their first few seasons of
growth. Plant investment fees provide a right to permanent connection to the water system and
are based on a determination of need; however, there is no permanent need for native growth
projects. The difference between a permanent need and temporary need for irrigation was
described.
Eric Sutherland questioned whether this item would apply to private or public lands and
suggested a fee commensurate to the temporary use may be more appropriate. Water
consumption should be taxed equally across the city, regardless of the provider.
Mayor Troxell requested information regarding Mr. Sutherland's comments. Haukaas replied
this fee waiver would apply to both public and private projects. A fee commensurate to the
temporary use was considered; however, calculating that fee would require an in-depth fee study
City of Fort Collins Page 119
on every situation. The bulk water rate charge takes the use of existing infrastructure into
account.
Councilmember Cunniff asked if the $6 per 1,000 gallons amount covers additional
infrastructure needs incurred by this use. Haukaas replied this use does not require additional
infrastructure per se; however, the $6 amount recognizes additional costs that are not part of the
regular charges.
Councilmember Cunniff asked if monitoring will occur to ensure water pressure of the hydrant
system is not being over-taxed in the event of a fire emergency in the area. Haukaas replied in
the affirmative.
Councilmember Campana supported the development of the item and asked if the $6 fee in part
alleviates the cost of bringing raw water to the project. Haukaas replied in the affirmative.
Councilmember Campana suggested the Ordinance should include more robust language
regarding plantings.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 052, 2015, on First Reading.
Mayor Troxell asked about the area of the City outside of the water utility. Haukaas replied
ELCO and the Fort Collins Loveland Water District both already have provisions which allow
for connections for this type of project.
Mayor Troxell requested additional information regarding the approval process for these types of
projects. Haukaas replied a project would be required to submit for a water connection permit
which would be reviewed by staff. The Executive Director would review any project for
potential fee waivers and the project would be required to provide a verifiable estimate for
removal of the water tap in three years. Those funds will be placed in escrow with the City in
order to disconnect the tap and provide restoration at a date certain not to exceed three years.
Councilmember Campana suggested the possibility of examining a lower rate tier for smaller
structures and questioned if a method exists for reducing a water tap size in order to receive a
credit on the water plant investment fee. Haukaas replied there is a method to reduce the tap size
which would reduce the monthly base charge; however, there is no credit available for the initial
plant investment fee.
Councilmember Campana suggested the ability to credit those fees could be used as an incentive
for HOAs to change bluegrass areas to native grasses.
Councilmember Cunniff supported Councilmember Campana's suggested of examining a lower
rate tier and stated he would be open to looking at other incentive structures.
Mayor Pro Tem Horak suggested discussing this issue during the Council retreat.
City of Fort Collins Page 120
RESULT: ORDINANCE NO. 052, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak expressed concern regarding outreach for the Open Streets project, which
is slated to occur on Elizabeth Street from Shields to Overland.
ADJOURNMENT
The meeting adjourned at 7:15 PM.
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Mayor
ATTEST:
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City Clerk